Summary
reversing trial court's dismissal of charge under section 322.34, citing Carroll
Summary of this case from Crain v. StateOpinion
No. 5D99-3044
Opinion filed August 18, 2000. JULY TERM 2000
Appeal from the Circuit Court for Brevard County, Bruce Jacobus, Judge.
Robert A. Butterworth, Attorney General, Tallahassee, and David H. Foxman, Assistant Attorney General, Daytona Beach, for Appellant.
Robert A. Segal, of Golub Segal, P.A., Melbourne, for Appellee.
The state appeals the dismissal of the information against Leander Bletcher. Bletcher was charged by information with the felony of driving while his license was revoked pursuant to the habitual traffic offender statute. See § 322.34(5), Fla. Stat. (1997). The court dismissed the information and discharged Bletcher, ruling that because Bletcher had never been issued a license, there was no license that could have been revoked. We reverse. See Carroll v. State, 25 Fla. L. Weekly D1271 (Fla.2d DCA May 24, 2000) (holding that defendant may be convicted of violating section 322.34(5) even though he was never issued a driver's license, where his driving privilege was revoked pursuant to the habitual traffic offender statute).
REVERSED and REMANDED.
SHARP,W., and GRIFFIN, JJ., concur.
Without participation in oral argument.